HB 349

Sponsors

Session

Regular Session 2019

Title

Age of majority, jurisdiction of juvenile court, admission to public school, involuntary commitments of persons who are mentally ill, right to contract, child protective services of Dept. of Human Resources, further provided, Secs. 12-15-102, 16-28-3, 22-52-16, 26-1-1, 26-14-1 am'd.

Description

Under existing law, a juvenile court has exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. Also under existing law, a child is defined as an individual under 18 years of age, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday

This bill would further define the term child to include an individual under 19 years of age who is before the juvenile court for a child in need of supervision matter

Under existing law, with exceptions, a child between the ages of six and 17 is required to attend a public or private school and may enroll in public school if the child is less than 19 years of age on the date school opens

This bill would provide that an individual who is 18 years of age and otherwise qualified to attend public school may not be denied admittance to the school based solely on his or her age

Under existing law, a probate court may order the involuntary commitment of an individual who is mentally ill to the custody of the Department of Mental Health. Also under existing law, a probate court may not order the involuntary commitment of an individual under the age of 19 who is mentally ill to the custody of the Department of Mental Health

This bill would authorize a probate court to involuntarily commit an individual who is 18 years old and mentally ill to the custody of the Department of Mental Health

Under existing law, with exceptions, an unemancipated minor may only enter into a voidable contract. Also under existing law, an unemancipated minor may enter into a binding contract for the reasonable value of necessities

This bill would provide that an unemancipated minor who is 18 years old and of sound mind, notwithstanding his or her minority, may enter into a binding contract as may be exercised by an individual of full legal age and would provide that the minor, by reason of his or her minority, may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract

Under existing law, the Department of Human Resources is required to investigate claims of child abuse or neglect, and child is defined as a person under 18 years of age. Also under existing law, the Department of Human Resources is required to investigate claims of abuse, neglect, and exploitation of an adult

This bill would require the Department of Human Resources to extend the same protections, rights, services, and privileges that are given a child to an individual who is 18 years of age if the individual is in need of protective services and does not qualify for adult protective services

Relating to the age of majority; to amend Sections 12-15-102, 16-28-3, 22-52-16, 26-1-1, and 26-14-1, Code of Alabama 1975, to provide further for the jurisdiction of the juvenile court; to provide further for admission to public school; to provide further for the jurisdiction of the probate court with regard to involuntary commitments of persons who are mentally ill; to provide further for an unemancipated minor's right to contract; and to provide further for the authority of the Department of Human Resources to provide protective services.

Subjects

Minors